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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 1 — The Sea Fish (Conservation) Act 1967

120

 

(3A)   

This subsection applies to the sea within British fishery limits, other

than the Scottish zone and the Northern Ireland zone.

   

“Northern Ireland zone” has the meaning given by the Northern

Ireland Act 1998 (see section 98 of that Act).”

(5)   

For subsection (9) substitute—

5

“(9)   

In this section—

“the appropriate national authority” means—

(a)   

in relation to Wales (within the meaning of the

Government of Wales Act 2006), the Welsh Ministers;

(b)   

in any other case, the Secretary of State;

10

“foreign vessel” means any vessel other than a relevant British

vessel, a Scottish fishing boat or a Northern Ireland fishing boat;

“Northern Ireland fishing boat” means a fishing boat which is

registered in the United Kingdom under Part 2 of the Merchant

Shipping Act 1995 and whose entry in the register specifies a

15

port in Northern Ireland as the port to which the boat is to be

treated as belonging;

“relevant British vessel” means a vessel, other than a Scottish

fishing boat or a Northern Ireland fishing boat, which—

(a)   

is registered in the United Kingdom under Part 2 of the

20

Merchant Shipping Act 1995, or

(b)   

is owned wholly by persons qualified to own British

ships for the purposes of that Part of that Act.”

190     

Regulation of nets and other fishing gear

(1)   

Section 3 of the Sea Fish (Conservation) Act 1967 (c. 84) (regulation of nets and

25

other fishing gear) is amended as follows.

(2)   

After subsection (2) insert—

“(2A)   

An order under this section may be made by the appropriate national

authority so as to extend to nets or other fishing gear used by any

person, otherwise than from a fishing boat, for fishing for or taking sea

30

fish in the sea within the seaward limits of the territorial sea adjacent to

England and Wales.

(2B)   

In subsection (2A) above “the appropriate national authority” means—

(a)   

in relation to England, the Secretary of State;

(b)   

in relation to Wales, the Welsh Ministers.”

35

(3)   

After subsection (5) insert—

“(5A)   

A person who contravenes an order made under this section by virtue

of subsection (2A) above shall be guilty of an offence under this

section.”

191     

Charging for commercial fishing licences

40

(1)   

In section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats)

after subsection (4) (power to authorise charges for licences) insert—

“(4A)   

The provision that may be made in an order by virtue of subsection (4)

above includes—

 
 

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 1 — The Sea Fish (Conservation) Act 1967

121

 

(a)   

provision for the amount of any charge to be specified in, or

determined in accordance with provision made by, the order;

(b)   

different provision in relation to different classes of licence;

(c)   

provision for no charge to be payable in such circumstances as

may be specified in the order.”

5

(2)   

In section 22 of that Act (interpretation) after subsection (3) insert—

“(3A)   

Any reference in this Act to a class is a reference to a class defined or

described by reference to any circumstances whatsoever (whether or

not relating to fishing or vessels).”

192     

Grant of licences subject to conditions imposed for environmental purposes

10

In section 4 of the Sea Fish (Conservation) Act 1967 (c. 84) (licensing of fishing

boats) after subsection (6) (power to grant licences subject to conditions)

insert—

“(6ZA)   

The conditions subject to which a licence may be granted under this

section include conditions imposed for the purposes of—

15

(a)   

conserving or enhancing the natural beauty or amenity of

marine or coastal areas (including their geological or

physiographical features) or of any features of archaeological or

historic interest in such areas; or

(b)   

conserving flora or fauna which are dependent on, or associated

20

with, a marine or coastal environment.”

193     

Power to restrict fishing for sea fish

(1)   

Section 5 of the Sea Fish (Conservation) Act 1967 (power to restrict fishing for

sea fish) is amended as follows.

(2)   

For subsection (1) substitute—

25

“(1)   

Subject to the provisions of this section, the appropriate national

authority may make an order—

(a)   

prohibiting, in any area specified in the order and either for a

period so specified or without limitation of time—

(i)   

all fishing for sea fish;

30

(ii)   

fishing for any description of sea fish specified in the

order;

(iii)   

fishing for sea fish, or for any description of sea fish

specified in the order, by any method so specified;

(b)   

restricting, in any area specified in the order and either for a

35

period so specified or without limitation of time, the amount of

sea fish, or sea fish of a description specified in the order, that

may, in any period so specified, be taken by—

(i)   

any person;

(ii)   

any fishing boat.

40

   

A person who contravenes any prohibition or restriction imposed by an

order under this section shall be guilty of an offence under this

subsection.

(1A)   

Where any fishing boat is used in contravention of any prohibition or

restriction imposed by an order under this section, the master, the

45

 
 

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 1 — The Sea Fish (Conservation) Act 1967

122

 

owner and the charterer (if any) shall each be guilty of an offence under

subsection (1) above.

(1B)   

An order under this section which prohibits in any area—

(a)   

fishing for sea fish, or for any description of sea fish specified in

the order, or

5

(b)   

fishing for sea fish, or for any description of sea fish specified in

the order, by any method so specified,

   

may provide that any fishing gear, or any fishing gear of a description

specified in the order, of any fishing boat in that area must be stowed

in accordance with provision made by the order.

10

(1C)   

An order under this section restricting the amount of sea fish of any

description that may be caught in a period specified in the order may

provide that, for the purposes of paragraph (b) of subsection (1) above,

any sea fish of that description that, after being caught in that period, is

returned to the sea as soon as that amount is exceeded is not to be

15

treated as having been caught in contravention of the restriction

imposed by the order.”

(3)   

For subsection (8) substitute—

“(8)   

The only provision that may be made by an order under this section in

relation to an area outside British fishery limits, or an area within the

20

Scottish zone or the Northern Ireland zone, is provision applying to—

(a)   

a British fishing boat, other than a Scottish fishing boat or a

Northern Ireland fishing boat, that is registered in the United

Kingdom; or

(b)   

in so far as the order relates to fishing for salmon or migratory

25

trout, a fishing boat which is British-owned but not registered

under the Merchant Shipping Act 1995.

(9)   

In this section—

“the appropriate national authority” means—

(a)   

in relation to Wales (within the meaning of the

30

Government of Wales Act 2006), the Welsh Ministers;

(b)   

in any other case, the Secretary of State;

“Northern Ireland fishing boat” means a fishing boat which is

registered in the United Kingdom under Part 2 of the Merchant

Shipping Act 1995 and whose entry in the register specifies a

35

port in Northern Ireland as the port to which the boat is to be

treated as belonging;

“Northern Ireland zone” has the meaning given by the Northern

Ireland Act 1998 (see section 98 of that Act).”

194     

Penalties for offences

40

(1)   

The Sea Fish (Conservation) Act 1967 (c. 84) is amended as follows.

(2)   

In section 11 (penalties for offences), in subsection (1)(a)—

(a)   

for “section 4(3) or (6)” substitute “section 1, 2, 3, 4(3), (6) or (9A)”;

(b)   

for “5(1) or 6(5A)(a)” substitute “5(1) or (6) or 6(5) or (5A)”.

(3)   

In section 15 (powers of British sea-fishery officers for enforcement of that

45

Act)—

 
 

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 1 — The Sea Fish (Conservation) Act 1967

123

 

(a)   

in subsection (2C) (penalties for certain offences) omit paragraph (b)

and the “or” preceding it;

(b)   

after that subsection insert—

“(2D)   

Any person who assaults an officer who is exercising any of the

powers conferred on him by subsection (2A) or (2B) above shall

5

be guilty of an offence and liable on summary conviction to a

fine not exceeding £50,000.

(2E)   

Any person who wilfully obstructs an officer in the exercise of

any of the powers conferred on him by subsection (2A) or (2B)

above shall be guilty of an offence and liable on summary

10

conviction to a fine not exceeding £20,000.”

(4)   

In section 16 (enforcement of orders under sections 1 and 2 of that Act), for

subsection (1A) (penalties for certain offences) substitute—

“(1A)   

Any person who assaults an officer who is exercising any of the powers

conferred on him by subsection (1) above shall be guilty of an offence

15

and liable on summary conviction to a fine not exceeding £50,000.

(1B)   

Any person who wilfully obstructs an officer in the exercise of any of

the powers conferred on him by subsection (1) above shall be guilty of

an offence and liable on summary conviction to a fine not exceeding

£20,000.”

20

195     

Offences by directors, partners, etc

In the Sea Fish (Conservation) Act 1967 (c. 84), for section 12 (offences

committed by bodies corporate) substitute—

“12     

Offences by directors, partners, etc

(1)   

Where a relevant offence has been committed by a body corporate and

25

it is proved that the offence—

(a)   

has been committed with the consent or connivance of a person

falling within subsection (2), or

(b)   

is attributable to any neglect on the part of such a person,

   

that person (as well as the body corporate) is guilty of that offence and

30

liable to be proceeded against and punished accordingly.

(2)   

The persons are—

(a)   

a director, manager, secretary or similar officer of the body

corporate;

(b)   

any person who was purporting to act in such a capacity.

35

(3)   

Where the affairs of a body corporate are managed by its members,

subsection (1) applies in relation to the acts and defaults of a member,

in connection with that management, as if the member were a director

of the body corporate.

(4)   

Where a relevant offence has been committed by a Scottish firm and it

40

is proved that the offence—

(a)   

has been committed with the consent or connivance of a partner

of the firm or a person purporting to act as such a partner, or

(b)   

is attributable to any neglect on the part of such a person,

 
 

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 2 — The Sea Fisheries (Shellfish) Act 1967

124

 

   

that person (as well as the firm) is guilty of that offence and liable to be

proceeded against and punished accordingly.

(5)   

In this section “relevant offence” means an offence under any provision

of sections 1 to 6 of this Act.”

196     

Minor and consequential amendments

5

Schedule 15 contains minor and consequential amendments relating to this

Chapter.

Chapter 2

The Sea Fisheries (Shellfish) Act 1967

197     

Power to make orders as to fisheries for shellfish

10

(1)   

In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make

orders as to fisheries for shellfish), in subsection (1), for the words from

“shellfish” to “Minister” substitute “shellfish of any kind specified in the

order”.

(2)   

In section 15 of the Sea Fisheries Act 1968 (c. 77) (which amended section 1 of

15

the Sea Fisheries (Shellfish) Act 1967)—

(a)   

omit subsection (2);

(b)   

in subsection (3), for “that section” substitute “section 1 of that Act”.

198     

Purposes for which tolls etc may be applied

(1)   

Section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of

20

regulating a fishery) is amended as follows.

(2)   

In subsection (1)(c), for “improving and cultivating” substitute “regulating”.

(3)   

In subsection (2)—

(a)   

before “any such tolls” insert “, subject to subsection (2A) of this

section,”;

25

(b)   

for “in the improvement and cultivation of” substitute “for purposes

relating to the regulation of”.

(4)   

After that subsection insert—

“(2A)   

An order under section 1 of this Act which—

(a)   

confers on the grantees a right of regulating a fishery, and

30

(b)   

imposes tolls or royalties upon persons dredging, fishing for

and taking shellfish within the limits of the fishery, or of that

part of the fishery within which the right is exercisable,

   

may provide that the grantees may, for the purposes of recouping any

costs incurred by the grantees in connection with applying for the

35

order, retain such portion of those tolls and royalties as may be

specified in the order.”

(5)   

In subsection (4), for “for the improvement and cultivation of” substitute “for

purposes relating to the regulation of”.

 
 

 
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